On August 15, 2014 a
Motion,Ex Parte
was filed
involving a dispute between
Michael Papa, D.C., P.A.,
and
Geico Indemnity Company,
for * PIP Claims > $5,000 - $15,000
in the District Court of Broward County.
Preview
Filing # 19916028 Electronically Filed 10/28/2014 02:20:21 PM.
IN THE COUNTY COURT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CONO 14-010665 DIV 71
Michael Papa, D. C., P.A.
(assignee of Cichanski, Kendra)
Vv.
Plaintiff,
Geico Indemnity Company,
Defendant.
eS EEEEEL
PLAINTIFF’S MOTION TO TAX COSTS
COMES NOW the Plaintiff, by and through its undersigned counsel and pursuant to Fla.
Stat. 57.041, hereby files this, their Motion to Tax Costs, and as grounds for such states as
follows:
1) This is an action to recover benefits pursuant to a Personal Injury Protection (PIP) policy
of insurance.
2) That on or about July 25, 2014, the Plaintiff filed suit in this matter.
3) That the Complaint contained a payer for relief seeking costs related to the subject action.
4) That on or about September 2, 2014, the Defendant was served in this matter.
5) That on or about October 13, 2014, the Plaintiff filed their Motion for Default in the
subject matter.
6) That the Court entered an Order of default against the Defendant in this matter on
October 17, 2014.
7) That Fla. Stat. 57.041 states:
(1) The party recovering judgment shall recover all his or her legal costs and charges
which shall be included in the judgment; but this section does not apply to executors
or administrators in actions when they are not liable for costs.
(2) Costs may be collected by execution on the judgment or order assessing costs.
8) Accordingly, the Plaintiff is the prevailing party in this action and, consequently, entitled
to recover costs from the Defendant pursuant to the provisions of Fla. Stat. 57.041.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/28/2014 2:20:21 PM.****WHEREFORE for the above stated reasons, thus court should enter an Order granting
the Plaintiff's Motion to Tax Costs and find that the Plaintiff is entitled to recover all costs
incurred for having to litigate this lawsuit along with any and all such further relief as this court
deems necessary and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via email only to: Florida Claims, Geico Indemnity Company, P.O. Box 9091 Macon, GA
31208-9091, on this 28" day of October , 2014. on this 13" day of October, 2014.
Florida P.I.P. Law Firm, P.A.
Attorneys for Plaintiff
4800 N Federal Hwy.
Suite D204
Boca Raton, FL 33431
(T) 561,367.3256
By: ?
Florida Bar No. 407
Service Address:
service@floridapiplawfirm.com
Document Filed Date
October 28, 2014
Case Filing Date
August 15, 2014
Category
* PIP Claims > $5,000 - $15,000
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Preview
Filing # 19916028 Electronically Filed 10/28/2014 02:20:21 PM. IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CONO 14-010665 DIV 71 Michael Papa, D. C., P.A. (assignee of Cichanski, Kendra) Vv. Plaintiff, Geico Indemnity Company, Defendant. eS EEEEEL PLAINTIFF’S MOTION TO TAX COSTS COMES NOW the Plaintiff, by and through its undersigned counsel and pursuant to Fla. Stat. 57.041, hereby files this, their Motion to Tax Costs, and as grounds for such states as follows: 1) This is an action to recover benefits pursuant to a Personal Injury Protection (PIP) policy of insurance. 2) That on or about July 25, 2014, the Plaintiff filed suit in this matter. 3) That the Complaint contained a payer for relief seeking costs related to the subject action. 4) That on or about September 2, 2014, the Defendant was served in this matter. 5) That on or about October 13, 2014, the Plaintiff filed their Motion for Default in the subject matter. 6) That the Court entered an Order of default against the Defendant in this matter on October 17, 2014. 7) That Fla. Stat. 57.041 states: (1) The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment; but this section does not apply to executors or administrators in actions when they are not liable for costs. (2) Costs may be collected by execution on the judgment or order assessing costs. 8) Accordingly, the Plaintiff is the prevailing party in this action and, consequently, entitled to recover costs from the Defendant pursuant to the provisions of Fla. Stat. 57.041. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/28/2014 2:20:21 PM.****WHEREFORE for the above stated reasons, thus court should enter an Order granting the Plaintiff's Motion to Tax Costs and find that the Plaintiff is entitled to recover all costs incurred for having to litigate this lawsuit along with any and all such further relief as this court deems necessary and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via email only to: Florida Claims, Geico Indemnity Company, P.O. Box 9091 Macon, GA 31208-9091, on this 28" day of October , 2014. on this 13" day of October, 2014. Florida P.I.P. Law Firm, P.A. Attorneys for Plaintiff 4800 N Federal Hwy. Suite D204 Boca Raton, FL 33431 (T) 561,367.3256 By: ? Florida Bar No. 407 Service Address: service@floridapiplawfirm.com